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criminal responsibility. In addition, corporate directors, officers and
employees may be subject to individual liability for acts that amount to
gross human rights abuses.
In complex contexts such as these, business enterprises should ensure that
they do not exacerbate the situation. In assessing how best to respond, they
will often be well advised to draw on not only expertise and cross-functional
consultation within the enterprise, but also to consult externally with credible,
independent experts, including from Governments, civil society, national
human rights institutions and relevant multi-stakeholder initiatives.
24.
Where it is necessary to prioritize actions to address actual and
potential adverse human rights impacts, business enterprises should
first seek to prevent and mitigate those that are most severe or where
delayed response would make them irremediable.
Commentary
While business enterprises should address all their adverse human rights
impacts, it may not always be possible to address them simultaneously. In
the absence of specific legal guidance, if prioritization is necessary business
enterprises should begin with those human rights impacts that would be
most severe, recognizing that a delayed response may affect remediability.
Severity is not an absolute concept in this context, but is relative to the other
human rights impacts the business enterprise has identified.
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